...IMMUNITIES FROM JURISDICTION I. STATE IMMUNITIES Forum State – the state where the court of justice is located. More on the notion of forum: http://legal-dictionary.thefreedictionary.com/forum A. Rationale for the doctrine of immunity of foreign states from the jurisdiction of the forum State is: - a state must not interfere with the public acts of foreign sovereign states, because sovereigns are equal and equals have no jurisdiction over one another - the judiciary may not interfere with the conduct of foreign policy by either national or foreign governmental authorities because of the doctrine of separation of powers. The doctrine of State immunity emerged as one of the earliest principles of international law. See also The Parliament Belge, where a British court of appeals held that “because of the absolute independence of every sovereign state, each other state must decline to exercise by means of its courts any of its territorial jurisdiction over the person of any sovereign or ambassador of any other state, or over the public property of any state which is destined for public use, or over the property of any ambassador, though such sovereign, ambassador or property may be on its territory.” B. Restrictive Doctrine of Immunity of Foreign States from Civil Jurisdiction At the time the doctrine of State immunity, emerged it was absolute and deemed to reflect customary international law. Gradually, towards the late 19th century the doctrine became...
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...other high crimes and misdemeanors (vague definition) House of Representatives State Judges Chosen by a variety of methods Generally serve for a fixed term Judicial Immunity Absolute, even when the judge acts maliciously Organization of the Court Systems Original Jurisdiction Appellate Jurisdiction Davis v. West Issue: HRS sued Davis for an unpaid bill and received a default judgment. Radoff was appointed as the receiver and sent a letter to the defendant’s bank demanding payment, which was received. Davis sued Radoff for abuse of process. Is Radoff protected by derived judicial immunity? Rule: Derived judicial immunity attaches to the delegation, appointment or court employment of a person acting in such capacity. Test: Is the person seeking immunity intimately associated with the judicial process and does that person exercise discretionary judgment comparable to that of the judge? Application: A court-appointed receiver acts as an arm of the court and is immune from liability for actions grounded in his conduct as a receiver. Conclusion: The trial court properly granted summary judgment on Radoff’s motion for summary judgment. Appellate courts are concerned with correcting errors in the application of the law or procedures The Federal Courts Federal District Courts The court of original jurisdiction Magistrates Appointed for an eight-year term Federal Appellate...
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...Equal Employment Opportunity and Employee Rights Luis Carrasco, Jade Hadfield, Jo Hemenway, Stafford McClendon, Emily Sementilli, Misty Wightman November 4, 2012 HRM/300 Timothy Turcotte Equal Employment Opportunity and Employee Right Over the course of history in the United States there have been many laws put in place to protect employees and employers. The Americans with Disabilities Act of 1990 and the Equal Employment Opportunity Act of 1972 are two such acts signed into law. Each of the laws protects workers from termination for causes outlined in the acts. The Americans with Disabilities Act of 1990 is a wide-ranging civil rights law that prohibits, under certain circumstances, discrimination based on disability. It affords similar protections against discrimination to Americans with disabilities as the Civil Rights act of 1964, which made discrimination based on race, religion, sex, national origin, and other characteristics illegal. Drug testing has become popular in many businesses in today’s society. This upsets many employees because they think that what they do on their own time does not affect what they do at work. The Americans with Disabilities Act of 1990 was put into place to make it easier for American’s that have disabilities to navigate. There are five different categories of this Act...
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...International Law: Essential Aspects Explained Abstract International Law helps governing relations among sovereign nations. It affects both society and individuals in many aspects. Today international law is not only about relations among different countries, but also how it is dealt internally. This paper will identify important international principles and doctrines, such as National Law, the Principle of Comity, and the Act of State and Sovereign Immunity Doctrines. This paper will also explore how business is done internationally by seeking foreign markets, exporting, and manufacturing abroad. International contracts and methods for making payments in international transactions will be explained. Break down the whole regulation of international business activities, such as investing and export and import controls and bribing foreign officials. And lastly, how U.S laws apply in a global context, such as antitrust laws and antidiscrimination laws. International Law: Essential Aspects Explained International business and commerce has always been a big part of civilization and throughout history. What is new today is the rapid growth of exchange of goods, services and intellectual property on a global scale. There are many laws pertaining how we handle commerce through the United States and to other countries and vice versa. International Law can be identified as a body of law as a result of international customs, treaties and organizations that are the benchmark for...
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...Employment Law Priorities Essential (know it in detail) Title VII of the Civil Rights Act of 1964 • Title VII exemptions o RACE, COLOR, NATIONAL ORGIN, RELIGION, SEX o Guarenteed consideration for jobs on the BASIS OF ABILITIES AND TALENTS necessary to perform a job. o Created EEOC to ensure employers, employment agancies, and labor organization comply with Title VII • Bona fide occupational qualifications (BFOQs) o Reasonably necessary to the normal operations • Seniority systems ➢ Permitted if not a result of past discrimination ➢ May not protect LESS SENIOR MINORITIES at expenses of more senior majority • Preemployment inquiries o OK IF JOB RELATED (VALID) o Required for EEOC Reporting • Testing o OK IF JOB RELATED o All selection devices NOT JUST “TEST” • Preferential treatment o Title VII allows, but DOES NOT REQUIRE preferential treatment (a plus factor) o Quotas are ILLEGAL o Reverse discrimination is ILLEGAL • National security o Discrimination is permitted when deemed to protect national security. Age Discrimination in Employment Act of 1967 (ADEA), as amended in 1986 • Prohibits discrimination for employees of the age 40 and over unless it’s a BFOQ • Prevents financially troubled companies singling out older employees for cutbacks • Older workers can waive their rights to sue under this law Americans with Disabilities...
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...Eyiesha SIngleton Style of Case and Citation: Young v. Becker & Poliakoff 88 So.3d 1002 (2012) Court Rendering Final Decision: Supreme Court of the United States ?????? Identification of Parties and Procedural Details: Who is the Plaintiff/Appellant? Who is the Defendant/Appealer? What is the cause of action? Who prevailed in lower court? Who is appealing to what court? Jacquelyn Young hired the law firm of Becker & Poliakoff to represent her in her federal employment discrimination lawsuit against her employer. The firm associate that filed the action made a mistake by attaching the wrong U.S. Equal Employment Opportunity Commission (EEOC) right-to-sue letter. The court dismissed the claims. The law firm did not try to re-file using the correct attachment, or try to dismiss the motion. Thirteen months later, the law firm informed Young that the claims had been dismissed, and that the firm was withdrawing from representing her further with the case. Young argued that the firm had a conflict of interest when it continued to represent other employees of Young’s employer, and when their settlement included a rule barring the firm from suing the employer in the future. Young believed that the firm had waited to pursue her case until its other case was settled. The jury determined that Becker & Poliakoff knew that the case had been dismissed, but withheld that information from Young so they could settle the other case and secure the $2.9 million fee...
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...The Court is now overseeing the case of Fisher vs. Texas over the Affirmation Act and Equal Protection Clause of the Fourteenth Amendment. The University of Texas at Austin has been using race as a factor for the admissions process and Fisher has come to believe it diminished her chances of going to the school. The Affirmative Action Act is used to eliminate discrimination due to race and other variables. By using race as a variable to be admitted into their University, Texas has committed an unconstitutional policy because it breaks the Equal Protection Clause under the Fourteenth Amendment. The Equal Protection Clause states equal privileges for all United States citizens. The affirmative action act is the policy designed to help eliminate discrimination based on race, color, religion, sex, or national origin in areas such as: businesses, education, and employment. Affirmative action was originally used to help the ongoing battle against racism towards African Americans. However, the term affirmative action was first used in President John F. Kennedy’s 1961 Executive Order 10925 which required “federal contractors to “take affirmative action to ensure that applicants are employed, and that the employees are treated during employment, without regard to their race, creed, color, or national origin.” ” In 1967 Lyndon Johnson expanded his executive order 11246 (the equivalent of Kennedy’s executive order) to include affirmative action to benefit women (Sykes). Fisher vs. The...
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...Constitution Civil Rights A police chief from New York police department, who deliberately threatened to kill and beat a man who broke into an SUV and took some embarrassing items, including sex toys, and several other items. He pleaded guilty in federal court on Friday to violating a citizen’s civil rights. The chief who led one of the country's largest suburban police departments is expected to receive over four years in prison for his actions. He also tried to cover up the beating as well, which then took place at the police station, he pleaded guilty to violating the suspect's civil rights. The ex-chief, along with several other members willfully used unreasonable force and physically hurt the individual causing major injuries. He deeply regrets not being honest. His plea reflects his desire to accept his responsibility for his own actions. The chief also admitted the he did, in fact use unnecessary force, slapping and hitting the man causing injuries. The chief did not elaborate much, but other officers were involved in the assault. The chief was arrested in December for his actions. A letter was written arguing against bail, the former prosecutor said that the ex-chief member was trying to get revenge on the man who broke into his SUV. The ex-chief just went way out of control. He called the suspect a pervert while he was freaking out. He was deliberately punching, hitting, and screaming, while threatening to kill the suspect with a heroin...
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...protection to commercial speech (advertising). -Restrictions must: Implement substantial government interest; directly advance that interest; and go no further than necessary. EX. Bad Frog Brewery, Inc. v. New York Liquor Authority= their logo of the frog flipping people off was denied so the company sued and won because their logo is only put in bars, alcohol sections in stores, etc. • Due Process (procedural and substantive); Fifth and Fourteenth Amendments provide “no person shall be deprived of life, liberty or property without due process of law.”; (Procedural) -Procedures depriving an individual of her rights must be fair and equitable. -Constitution requires adequate notice and a fair and impartial hearing before a disinterested magistrate. (Substantive) -Focuses on content or substance of legislation. -Laws limiting fundamental rights (speech, privacy, religion) must have a “compelling state interest.” -Laws limiting non-fundamental rights require a “rational basis.” • Supremacy Clause; The requirement in Article VI of the U.S....
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...the US. The article says that immigrants will take away the job opportunities from American people. It also states that most immigrants will live off welfare. Lastly, you say that the immigrants who broke the law shouldn’t get the same reward as other people who waited many years for their green card. The following is a quote from your article Legalizing illegal immigrants a bad idea: Any plan that provides the same prize to those who flouted the law is a mistake. The message to the hundreds of millions around the world who aspire to live in the U.S. will be clear: Those who broke the law still got green cards. Their decision to come illegally...
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...Maldonado v. City of Altus 433 F. 3d 1294 Facts The City of Altus instituted an English-only policy for its employees. Hispanic employees of the City of Altus sued the City claiming that this policy was discriminatory. The US District Court granted the City’s motion for summary judgment (i.e. ruled in favor of the City without going to trial). The employees appealed. How it all started: In the spring of 2002 the City's Street Commissioner, Holmes Willis, received a complaint that because Street Dept. employees were speaking Spanish, other employees could not understand what was being said on the City radio. Willis informed the City's HR Director of the complaint, and she advised Willis that he could direct his employees to speak only English when using the radio for City business. Plaintiffs claim that Willis instead told the Street Dept. employees that they could not speak Spanish at work at all and informed them that the City would soon implement an official English-only policy. On June 18, 2002, one of the senior employees, Tommy Sanchez, wrote a letter to the HR Director and the City Administrator, Michael Nettles, expressing concerns about the new policy. Sanchez felt that employees had not been given proper notice of the new policy under the City’s Personnel Policies & Procedures Manual and proper procedures were not followed when implementing this policy. Sanchez reported that Willis had told him that Hispanics speak Spanish because of “insecurities” and that...
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...CONSTITUTIONAL LAW 1 OUTLINE KEYED TO: SULLIVAN CASEBOOK 1. The Supreme Court's Authority and Role * Judicial Review * ROL→ Congress may neither restrict nor enlarge the Supreme Court’s original jurisdiction. * Marbury v. Madison * →Established Judicial Review. Court Held that a writ of mandamus to deliver a commission made by John Adams fell under the Sup. Court's appellate jurisdiction and therefore could not be brought in that court originally under Art. III b/c it is repugnant to the Constitution * →Supreme Court Authority to Review State Court Judgments * ROL→ The United States appellate power also extends to REVIEW state court judgments * →Judiciary Act of 1789, § 25: Provides for supreme court review of final decisions of the highest state courts rejecting claims based on federal law * Martin v. Hunter's Lessee * →A Virginia citizen willed his Virginia land to his nephew, P, a British subject and resident of England. Virginia, according to state law, had the right to confiscate land owned by British subjects and did so. Virginia granted this land to D, who then ejected P from the land. But, the treaties of 1783 and 1794 with Great Britain had anti-confiscation laws saying that the states won’t take the land of British citizens. Supreme Court exerted its authority to review the Virginia court's judgment and held that Supremacy Clause declares that the Federal...
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...Test 1 (Ch 1-2) ANSWERS | Judge J. D. Langley | Govt 2305 | | 1. Ch01-001-p002 The Jamestown settlement was funded by c. The London Company. 2. Ch01-002-p004 The Preamble to the Constitution begins a. "We the People . . ." 3. Ch01-003-p005 Which of the following is the best explanation of why most American Indian reservations are in the West today? b. European settlers and the U.S. government pushed Indian tribes westward. 4. Ch01-004-p006 Enlightenment thinkers argued that the world could be improved through b. human reason, science, and religious toleration. 5. Ch01-005-p007 The House of Burgesses was c. the first representative assembly in North America. 6. Ch01-006-p008 A social contract theory of government was proposed by d. Locke and Hobbes. 7. Ch01-007-p009 Locke's Second Treatise on Civil Government sets out a theory of e. natural rights. 8. Ch01-008-p010 Congress's authority to check the president's judicial appointment power is a concept that can be attributed largely to the ideas of d. Charles-Louis, the Second Baron of Montesquieu. 9. Ch01-009-p010 Why was indirect democracy a necessary alternative to direct democracy? b. It became increasingly difficult to bring all the colonists together in the decision-making process. 10. Ch01-010-p010 Aristotle attempted to devise a way to classify governments. Critical to his analyses was knowledge of d. whom citizens were ruled...
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...Chapter 1 British Policy Incites a Rebellion - 1756-1763, Britain and France were in the Seven Years’ War, a conflict that had involved all major European powers. - Sugar Act (1764)- Including increase on taxes on imported goods such as molasses, coffee, and textiles. Monarchy: One person in charge. Very efficient, poor decisions. Oligarchy: Small group of people in charge. Can take form of a dictatorship. Nazi, Soviet Union (A junta: in charge of military small groups can also be a small group of religious leaders) Democracy: Power lies in the hand of the people. Basically a representative democracy, meaning we chose the people to make decisions. The dominant form of government today. Totalitarianism: The government was total control. Purpose is to implement the “utopian” society. Neg. side: They have to control everything, takes up a lot of resources. Gov. is inflexible, which leads to destruction of government. Authoritarianism: They don’t control everything, just enough. There isn’t a utopian vision. They control the military and the police. Only what they need to control. China is a midway point between Totalitarianism and Authoritarianism. Constitutionalism: A limited form of government. Powers are usually spelled out in a constitution that the government is obligated to follow. They are either being a democracy/monarchy. U.S is a democracy and England is a monarch. Hobbes: Claimed that we lived in a state of nature and not a good place to be. He believed were...
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...believed fewer potential jurors would be prejudiced in her favor.] Is it a Crime for a Citizen of the United States to Vote? Friends and Fellow-citizens: I stand before you to-night, under indictment for the alleged crime of having voted at the last Presidential election, without having a lawful right to vote. It shall be my work this evening to prove to you that in thus voting, I not only committed no crime, but, instead, simply exercised my citizen's right, guaranteed to me and all United States citizens by the National Constitution, beyond the power of any State to deny. Our democratic-republican government is based on the idea of the natural right of every individual member thereof to a voice and a vote in making and executing the laws. We assert the province of government to be to secure the people in the enjoyment of their unalienable rights. We throw to the winds the old dogma that governments can give rights. Before governments were organized, no one denies that each individual possessed the right to protect his own life. liberty and property. And when 100 or 1,000,000 people enter into a free government, they do not barter away their natural rights; they simply pledge themselves to protect each other in the enjoyment of them, through prescribed judicial and legislative tribunals. They agree to...
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